Youth Allowance (Satisfactory Study Progress Guidelines) Determination 1998

Administered by Department of Social Services

Legislation au F2009B00032 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

YOUTH ALLOWANCE (SATISFACTORY STUDY PROGRESS GUIDELINES) DETERMINATION 1998

 

Issued by the authority of the Minister for Social Security

 

 

Summary

 

This Determination is made under subsection 541B(3B) of the Social Security Act 1991 (the Social Security Act), which was inserted by Schedule 1 to the Social Security Legislation Amendment (Youth Allowance) Act 1998.

 

The purpose of the Determination is to provide guidelines on when a person may be deemed to be making satisfactory progress towards completing an approved course.

 

 

Background

 

Paragraph 541(l)(a) of the Social Security Act states that one of the ways that a person can satisfy the youth allowance activity test for a period, is by satisfying the Secretary that, throughout the period, the person is undertaking full-time study.  Paragraph 541B(d) of the Social Security Act states that a person is undertaking full‑time study if they are making satisfactory progress towards completing an approved course.  Subsection 541B(3A) of the Social Security Act states that, in forming an opinion on whether a person is making satisfactory progress towards completing an approved course, the Secretary is to have regard to guidelines set by the Minister under subsection 541B(3B).  Subsection 541B(3C) of the Social Security Act states that these guidelines are disallowable instruments.

 

 

Explanation of the provisions

 

Part 1 – Preliminary

 

Section 1.1 cites the name of the Determination and section 1.2 states that the Determination commences on 1 July 1998.  Section 1.3 states the purpose of the Determination.

 

Section 1.4 defines various terms that are used in the Determination.  Section 1.5 states that examples used in the Determination are not exhaustive and that if an example is inconsistent with a provision in the Determination, then the provision prevails.

 

Section 1.6 states the kinds of circumstances the Secretary may have regard to, in considering whether a person is affected by special circumstances beyond his or her control.

 

Section 1.7 states that the Secretary is to take account of a person’s part-time study in forming an opinion on whether the person is making satisfactory progress in their course.  The example under section 1.7 illustrates the way that a person’s part-time studies is to be included in an assessment of their satisfactory progress in a course.

 

Part 2 - Guidelines

 

Division 1 - Kinds of full-time study

 

A long course is an approved course the minimum duration of which is a period longer than one year.  Section 2.1 states that satisfactory progress in a long course is completion of the course in a period that comprises the minimum period of time to complete the course, plus an additional year or semester, depending on the studies undertaken beyond the minimum period.  If the person has a year long subject to complete beyond the minimum period of time, then he or she will have an additional year to complete the course.  If the person has a semester long subject to complete beyond the minimum period of time, then he or she will have an additional semester to complete the course.

 

A short course is an approved course the standard minimum duration of which does not exceed one year.  Section 2.2 states that satisfactory progress in a short course is completion of the short course within a period of time that enables the course, or any part of the course, to be attempted twice.

 

In both long courses and short courses, the period in which a person is deemed to be making satisfactory progress towards the completion of their course, may be extended in cases where the person is affected by circumstances that are beyond his or her control.

 

Section 2.3 states that the time for the completion of an honours course is the standard minimum length of the course (including the honours component), and an additional period depending on whether a semester long or year long subject is to be completed.

 

Section 2.4 states that the time for me completion of a masters qualifying course is the time comprising the standard minimum length of the course, including the honours component, and an additional period of one uncompleted subject or unit.  The duration of the additional period depends on whether the uncompleted unit is one semester or one year long.

 

Section 2.5 states that where a person chooses to undertake a combined course, the time for completing the course is based on the minimum time for the completion of the combined course, and not a period calculated with reference to the separate course components.

 

Section 2.6 states that the minimum time to complete a course that involves competency-based training or self-paced study, is the time that it would take to complete the course if the course was completed by way of conventional training.

 


Division 2 - Additional study at the same level

 

Section 2.7 applies to persons who have failed to successfully complete a course and then undertake study in another course at the same level.  Subsection 2.7(2) states that where a person fails a course of study, whether it be a short or a long course, the person may attempt a course at the same level a second time (whether it is the same course or another course), and be deemed to be making satisfactory progress towards the completion of that course.  Subsection 2.3(3) states that if the person fails a course at the same level twice, and wants to undertake study at the same level a third time, then, for the person to be deemed to be making satisfactory progress towards completing their course, they must have been affected by circumstances beyond their control.

 

Section 2.8 applies to persons who have withdrawn from a course and undertake to complete a further course at the same level.  Subsection 2.8(2) states that the Secretary may consider that a person is making satisfactory progress towards completing a further course at the same level if the reason that the person withdrew from the course is because they were affected by circumstances beyond their control, or if the further course is a short course, or if the person enters into a Youth Allowance Activity Agreement, a term of which is that the person will continue the later study until completion of the course within the time that is the minimum length of the course.

 

Overview

The Youth Allowance (Satisfactory Study Progress Guidelines) Determination 1998 was enacted under subsection 541B(3B) of the Social Security Act 1991, inserted by the Social Security Legislation Amendment (Youth Allowance) Act 1998. This Determination was established to provide guidelines on when a person may be deemed to be making satisfactory progress towards completing an approved course, addressing the need for clear criteria to assess the progress of students receiving youth allowance. Issued by the authority of the Minister for Social Security, the policy objective of the Determination is to ensure that individuals receiving youth allowance are actively engaged in their studies and making appropriate progress towards their educational goals. The guidelines are intended to assist the Secretary in determining whether a person is making satisfactory progress towards completing an approved course, thereby satisfying the youth allowance activity test for a period. The Determination outlines various circumstances and criteria for determining satisfactory progress, including the duration of courses, additional study at the same level, and special circumstances beyond a person's control. It also specifies the additional time that may be granted for course completion in cases where a person is affected by such circumstances. By providing these guidelines, the Determination aims to maintain the integrity of the youth allowance program by ensuring that recipients are genuinely engaged in their studies and progressing towards their educational objectives.

Scope and Application

The Youth Allowance (Satisfactory Study Progress Guidelines) Determination 1998 applies to individuals who are receiving youth allowance under the Social Security Act 1991 and who are undertaking approved courses of study. The Determination sets out the criteria that the Secretary must consider in determining whether a person is making satisfactory progress towards completing their course, which is necessary for the person to satisfy the youth allowance activity test. The scope of this Determination is national, as it is made under the Commonwealth Social Security Act. The guidelines cover various types of courses, including long and short courses, honours and masters qualifying courses, combined courses, and competency-based training or self-paced study, providing flexibility in the calculation of satisfactory progress based on the nature of the course. The Determination also accounts for special circumstances that may affect a person's ability to make satisfactory progress, such as being affected by circumstances beyond their control. The application of these guidelines may be extended or refined through subordinate instruments, ensuring they remain relevant and effective in supporting the youth allowance recipients' educational pursuits.

Key Provisions

The main sections of the Youth Allowance (Satisfactory Study Progress Guidelines) Determination 1998 (the Determination) outline the criteria for determining satisfactory progress in completing an approved course. Section 2.1 specifies that for long courses (courses longer than one year), satisfactory progress means completing the course within the minimum period plus an additional year or semester, depending on the length of the subjects beyond the minimum period. Section 2.2 states that for short courses (courses of one year or less), satisfactory progress is completing the course within a period that allows for the course or any part of it to be attempted twice. Section 2.3 addresses the completion time for honours courses, stating it is the standard minimum length plus an additional period depending on the length of subjects to be completed. Section 2.4 provides guidelines for masters qualifying courses, which include the standard minimum length plus an additional period of one uncompleted subject or unit, depending on whether the unit is a semester or year-long subject. Section 2.5 addresses combined courses, stating that the completion time is based on the minimum time for the combined course, not the separate components. Lastly, Section 2.6 stipulates that for courses involving competency-based training or self-paced study, the minimum completion time is based on conventional training. The Determination imposes several obligations on the parties it governs. Section 2.7(2) requires that if a person fails a course, they may attempt another course at the same level once more and still be deemed to be making satisfactory progress. However, if the person fails a second course at the same level, they must be affected by circumstances beyond their control to be deemed to be making satisfactory progress again. Section 2.8 allows for a person who has withdrawn from a course to be considered to be making satisfactory progress in a further course at the same level if they were affected by circumstances beyond their control, if the course is a short course, or if they enter into a Youth Allowance Activity Agreement with terms ensuring completion within the minimum length of the course. The Determination includes provisions for offences, penalties, or civil/criminal consequences for breaches. While the Determination itself does not explicitly state penalties for non-compliance, the Social Security Act 1991 (the Act) provides a framework for penalties. Under section 544 of the Act, a person who contravenes a provision of the Act (including the Determination) may be liable to a penalty of up to $22,200 for individuals and $111,000 for bodies corporate. Additionally, under section 544A, a person who knowingly makes a false or misleading statement in an application for a payment or benefit under the Act may be liable to a penalty of up to $22,200 for individuals and $111,000 for bodies corporate. These penalties reflect the seriousness of non-compliance with the provisions of the Determination and the broader Act.

Legal classification tags

Area of Law
Social Security Law
Instrument
Determination
Concepts
Definitions & Interpretation
Satisfactory Study Progress
Regulatory Standards

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.